Leave arrangements, such as annual leave, sick leave, personal leave, parental leave, long service leave, leave to fulfil certain obligations, and collective leave should be specified in work agreements, company regulations or collective agreements. Note: Chapter 8 on Working Time provides information regarding leave types and requirements.
LEGAL REFERENCES:
MANPOWER ACT NO. 13 OF 2003 ARTS. 79, 81-85, 93 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 79, 81-82, 84-85, 93];
MOMT DECREE NO. KEP.51/MEN/IV/2004 [KEPUTUSAN MENAKERTRANS NO. KEP.51/MEN/IV/2004];
JOINT DECREES OF MINISTER FOR RELIGION AFFAIRS, MINISTER OF MANPOWER AND TRANSMIGRATION, AND MINISTER OF EMPOWERMENT OF STATE APPARATUS ON NATIONAL PUBLIC HOLIDAYS AND COLLECTIVE LEAVES:
Workers are not obligated to work on public holidays. They must be paid, even though they do not work. Every year, a Joint Ministerial Decree of official public holidays is released. Employers can require workers to work on public holidays if the nature of the work requires that it be performed continuously, only if workers agree to the holiday work.
LEGAL REFERENCES:
MANPOWER ACT NO. 13 OF 2003 ART. 85 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 85];
JOINT DECREES OF MINISTER FOR RELIGION AFFAIRS, MINISTER OF MANPOWER AND TRANSMIGRATION, AND MINISTER OF EMPOWERMENT OF STATE APPARATUS ON NATIONAL PUBLIC HOLIDAYS AND COLLECTIVE LEAVES:
Arrangements for payment during work stoppages may be specified in work agreements, company regulations or collective bargaining agreements. If workers are willing to do the work that they have been hired to perform but employers do not provide the work due to problems or obstacles that employers should be able to avoid, then the employers are still obligated to pay wages to the workers.
LEGAL REFERENCE:
MANPOWER ACT NO. 13 OF 2003, ART. 93(2)(f) [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 93(2)(f)]